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be bound by the Policy.
<br />B. Rights to Use Inventions
<br />CITY shall have an unencumbered right, and a non-exclusive, irrevocable,
<br />royalty- free license, to use, manufacture, improve upon, and allow others to
<br />do so for all government purposes, any Invention developed under this
<br />Agreement.
<br />C. Copyright Policy
<br />1. Unless otherwise provided by the terms of the Grantor or of this Agreement,
<br />when copyrightable material ("Material") is developed under this
<br />Agreement, the author or the CITY, at the CITY'S discretion, may copyright
<br />the Material. If the CITY declines to copyright the Material, the CITY shall
<br />have an unencumbered right, and a non-exclusive, irrevocable, royalty- free
<br />license, to use, manufacture, improve upon, and allow others to do so for
<br />all government purposes, any Material developed under this Agreement.
<br />2. The Grantor shall have an unencumbered right, and a non-exclusive,
<br />irrevocable, royalty -free license, to use, manufacture, improve upon, and
<br />allow others to do so for all government purposes, any Material developed
<br />under this Agreement or any Copyright purchased under this Agreement.
<br />3. SUB -RECIPIENT shall comply with all applicable requirements in the Code
<br />of Federal Regulations related to copyrights and copyright policy.
<br />4. License and Delivery of Works Subject to Copyright and Data Rights. The
<br />Contractor grants to the CITY OF NEWPORT BEACH, a paid -up, royalty -free,
<br />nonexclusive, irrevocable, worldwide license in data first produced in the
<br />performance of this contract to reproduce, publish, or otherwise use,
<br />including prepare derivative works, distribute copies to the public, and
<br />perform publicly and display publicly such data. For data required by the
<br />contract but not first produced in the performance of this contract, the
<br />Contractor will identify such data and grant to the CITY OF NEWPORT BEACH
<br />or acquires on its behalf a license of the same scope as for data first
<br />produced in the performance of this contract. Data, as used herein, shall
<br />include any work subject to copyright under 17 U.S.C. § 102, for example,
<br />any written reports or literary works, software and/or source code, music,
<br />choreography, pictures or images, graphics, sculptures, videos, motion
<br />pictures or other audiovisual works, sound and/or video recordings, and
<br />architectural works. Upon or before the completion of this contract, the
<br />Contractor will deliver to the CITY OF NEWPORT BEACH data first produced in
<br />the performance of this contract and data required by the contract but not
<br />first produced in the performance of this contract in formats acceptable by
<br />the CITY OF NEWPORT BEACH.
<br />D. Rights to Data
<br />The Grantor and the CITY shall have unlimited rights or copyright license to any
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